Duress Of Circumstances (Defences)

Question 1

What is duress of circumstances?

Answer 1

Where D is forced to commit an offence because of threatening circumstances that they are in, not because of a spoken threat

Question 2

First element of test?

Answer 2

Was D compelled to act as he did because he reasonably feared death or serious injury?

Question 3

Second element of test?

Answer 3

If so, did he respond as the sober person of reasonable firmness sharing the characteristics of the D would have done?

Question 4

What case established the test for both types of duress?

Answer 4

R v Graham

Question 5

R v Willer

Answer 5

D allowed defence as it was situation he was in that forced him to commit crime and not a direct threat of violence

Question 6

R v Conway

Answer 6

Speeding as he genuinely believed they would die so defence was applicable

Question 7

Re A

Answer 7

Doctors allowed to separate twins and do procedure - defence applicable

Question 8

R v Dudley

Answer 8

Guilty of murder - not allowed to use defence after committing murder as it’s not necessary

Question 9

Re Gill

Answer 9

D must take advantage of any escape opportunities. Duress only available if no safe avenue of escape